Building Great Careers In-House
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Carissima Mathen*
C h o ic es a n d C o n t r o v e r sy : J udic ia l A ppointments in C a n a d a Carissima Mathen* P a r t I What do judges do? As an empirical matter, judges settle disputes. They act as a check on both the executive and legislative branches. They vindicate human rights and civil liberties. They arbitrate jurisdictional conflicts. They disagree. They bicker. They change their minds. In a normative sense, what judges “do” depends very much on one’s views of judging. If one thinks that judging is properly confined to the law’s “four comers”, then judges act as neutral, passive recipients of opinions and arguments about that law.1 They consider arguments, examine text, and render decisions that best honour the law that has been made. If judging also involves analysis of a society’s core (if implicit) political agreements—and the degree to which state laws or actions honour those agreements—then judges are critical players in the mechanisms through which such agreement is tested. In post-war Canada, the judiciary clearly has taken on the second role as well as the first. Year after year, judges are drawn into disputes over the very values of our society, a trend that shows no signs of abating.2 In view of judges’ continuing power, and the lack of political appetite to increase control over them (at least in Canada), it is natural that attention has turned to the process by which persons are nominated and ultimately appointed to the bench. -
The Rt. Hon. Antonio Lamer, Chief Justice of Canada and of the Supreme Court of Canada, Is Pleased to Welcome Mr
SUPREME COURT OF CANADA PRESS RELEASE OTTAWA, January 8,1998 -- The Rt. Hon. Antonio Lamer, Chief Justice of Canada and of the Supreme Court of Canada, is pleased to welcome Mr. Justice Ian Binnie to the Court. He stated: “I am very pleased that in the legacy of our late colleague, John Sopinka, another member of the Court has been selected directly from the legal profession. It is important that this Court always be aware of the realities of the practising Bar so that we do not lose sight of the practical effect of our judgments. I am sure that Mr. Justice Binnie, who is counsel of the highest standing in the profession, will make a very valuable and lasting contribution to this Court.” Chief Justice Lamer spoke to Mr. Justice Binnie this morning to congratulate him on his appointment. Mr. Justice Binnie has indicated that he will be available to commence his duties at the Court as of the 26th of January. However, he will not be sitting that week, nor during the two following weeks as the Court is in recess, in order that he may prepare for the Quebec Reference case which will proceed, as scheduled, during the week of February 16th. Mr. Justice Binnie’s swearing-in will take place on February 2, 1998 at 11:00 a.m. in the main courtroom. Ref.: Mr. James O’Reilly Executive Legal Officer (613) 996-9296 COUR SUPRÊME DU CANADA COMMUNIQUÉ DE PRESSE OTTAWA, le 8 janvier 1998 -- Le très honorable Antonio Lamer, Juge en chef du Canada et de la Cour suprême du Canada, a le plaisir d’accueillir M. -
Transgressing the Division of Powers: the Case of the James Bay and Northern Quebec Agreement
Transgressing the Division of Powers: The Case of the James Bay and Northern Quebec Agreement Christa Scholtz and Maryna Polataiko Abstract In 1975, the Bourassa government received legal advice that the James Bay Northern Quebec Agreement exceeded provincial jurisdiction. Legal counsel advised the constitutionality of the Agreement be secured through formal constitutional amendment. No such amendment was sought. Based on authorized access to Premier Bourassa’s archived dossier on the Agreement’s negotiation, this article sets out the following: 1) why the provincial government sought to encroach on federal juris- diction; 2) the strategic means employed to insulate the Agreement from s. 91(24) litigation; and 3) provincial negotiators’ views on how judges would approach the Agreement going forward. This article confirms theoretical expectations about when governments might coordinate to transgress federalism’s division of powers: a high probability that courts would find a transgression occurred, and a high political cost should governments not coordinate on a transgression strategy. Keywords: federalism, James Bay and Northern Quebec Agreement, constitutional law, division of powers, judicial politics, bargaining Résumé En 1975, le gouvernement de Robert Bourassa a reçu un avis juridique qui stipulait que la Convention de la baie James et du Nord québécois transcendait les compétences provinciales. Le conseiller juridique a donc recommandé de garantir la constitutionnalité de cette Convention au moyen d’un amendement constitutionnel -
Reforming the Supreme Court Appointment Process, 2004-2014: a 10-Year Democratic Audit 2014 Canliidocs 33319 Adam M
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 67 (2014) Article 4 Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit 2014 CanLIIDocs 33319 Adam M. Dodek Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Dodek, Adam M.. "Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 67. (2014). http://digitalcommons.osgoode.yorku.ca/sclr/vol67/iss1/4 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit* Adam M. Dodek** 2014 CanLIIDocs 33319 The way in which Justice Rothstein was appointed marks an historic change in how we appoint judges in this country. It brought unprecedented openness and accountability to the process. The hearings allowed Canadians to get to know Justice Rothstein through their members of Parliament in a way that was not previously possible.1 — The Rt. Hon. Stephen Harper, PC [J]udicial appointments … [are] a critical part of the administration of justice in Canada … This is a legacy issue, and it will live on long after those who have the temporary stewardship of this position are no longer there. -
“Canada” on the Supreme Court in 2016
DRAFT | CPSA 2017 Please don’t cite without permission Competing Diversities: Representing “Canada” on the Supreme Court in 2016 Erin Crandall | Acadia University Robert Schertzer | University of Toronto The Supreme Court oF Canada’s (SCC) inFluence on politics and public policy – from deciding human rights cases to adjudicating Federal-provincial disputes – has long placed it in the spotlight oF political actors and watchers alike. Seeing the Court as activist or restrained, as siding with the Federal government or as balanced in its Federalism case law, as anti-democratic or the guardian oF the constitution, are all hallmarks oF the debate about its place in Canadian politics. Underpinning these debates is an often-critical focus on the justices’ themselves, the process by which they are selected, and the virtually unFettered power Prime Ministers have had in appointing individuals to the bench. In August 2016, Prime Minister Justin Trudeau clearly established his position within this debate by announcing a new way to choose SCC justices. Along with promoting more transparency and accountability in the process, the key elements oF Trudeau’s proposed reForms were to ensure that all future justices were functionally bilingual and that they represent the diversity of Canada (see Trudeau 2016b). In line with these new objectives, one oF the First things Trudeau highlighted in his announcement was a willingness to break with the convention of regional representation on the bench and move toward an open application process. With the upcoming retirement of Nova Scotia Justice Thomas Cromwell in September 2016, questions immediately emerged as to whether the government would deviate from the tradition of having one of the nine justices on the SCC come from Atlantic Canada. -
Paul J. Lawrence Fonds PF39
FINDING AID FOR Paul J. Lawrence fonds PF39 User-Friendly Archival Software Tools provided by v1.1 Summary The "Paul J. Lawrence fonds" Fonds contains: 0 Subgroups or Sous-fonds 4 Series 0 Sub-series 0 Sub-sub-series 2289 Files 0 File parts 40 Items 0 Components Table of Contents ........................................................................................................................Biographical/Sketch/Administrative History .........................................................................................................................54 .......................................................................................................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................Scope and Content .........................................................................................................................54 ......................................................................................................................................................................................................................................................................................................................................................................................................................... -
The New Process for Judicial Appointments to the Supreme Court of Canada
THE NEW PROCESS FOR JUDICIAL APPOINTMENTS TO THE SUPREME COURT OF CANADA Report of the Standing Committee on Justice and Human Rights Anthony Housefather Chair FEBRUARY 2017 42nd PARLIAMENT, 1st SESSION Published under the authority of the Speaker of the House of Commons SPEAKER’S PERMISSION Reproduction of the proceedings of the House of Commons and its Committees, in whole or in part and in any medium, is hereby permitted provided that the reproduction is accurate and is not presented as official. This permission does not extend to reproduction, distribution or use for commercial purpose of financial gain. Reproduction or use outside this permission or without authorization may be treated as copyright infringement in accordance with the Copyright Act. Authorization may be obtained on written application to the Office of the Speaker of the House of Commons. Reproduction in accordance with this permission does not constitute publication under the authority of the House of Commons. The absolute privilege that applies to the proceedings of the House of Commons does not extend to these permitted reproductions. Where a reproduction includes briefs to a Standing Committee of the House of Commons, authorization for reproduction may be required from the authors in accordance with the Copyright Act. Nothing in this permission abrogates or derogates from the privileges, powers, immunities and rights of the House of Commons and its Committees. For greater certainty, this permission does not affect the prohibition against impeaching or questioning the proceedings of the House of Commons in courts or otherwise. The House of Commons retains the right and privilege to find users in contempt of Parliament if a reproduction or use is not in accordance with this permission. -
The Law Society of Upper Canada Archives
The Law Society of Upper Canada Archives Paul Lawrence fonds PF39 Prepared by: Carol Hollyer, 2004 TABLE OF CONTENTS Biographical Sketch Immediate Source of Acquisition Scope and Content Series Descriptions: PF39-1 Photographs of lawyers, judges and events PF39-2 Photographs of Canadian Bar Association conferences PF39-3 Miscellaneous photographs PF39-4 Index Paul Lawrence fonds PF39 Biographical History Paul J. Lawrence served as freelance photographer for the Ontario Lawyers Weekly and The Lawyers Weekly from 1983 to 2000. Immediate Source of Acquisition The records in this fonds were acquired by The Law Society of Upper Canada from Paul Lawrence in October of 2001. Scope and Content 1985-[2001?]; predominant 1985-1998 ca. 63,500 photographs : b&w and col. negatives ; 35 mm and 6 x 6 cm 105 photographs : col. slides ; 35 mm 3 photographs : col. prints ; 13 x 18 cm and 21 x 25 cm 2 cm of textual records Fonds consists of photographic negatives and slides created and accumulated by Paul Lawrence while a freelance photographer for The Ontario Lawyers Weekly and The Lawyers Weekly from 1983 to 2000. The photographs depict individual lawyers and judges from across Canada, most of which are from Ontario although a substantial number are from British Columbia. His subjects include lawyers practicing in all areas of the law, from prominent lawyers in large firms to sole practitioners, judges from various courts, as well as federal and provincial Chief Justices. Subjects also include individuals from political and business circles associated with the legal profession. Also depicted are various legal events from across the country, such as Canadian Bar Association conferences and Canadian Bar Association – Ontario events. -
Constitutional Cases 2017: an Overview Lorne Sossin 2019 Canliidocs 4052 Osgoode Hall Law School of York University, [email protected]
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 88 (2019) Article 1 Constitutional Cases 2017: An Overview Lorne Sossin 2019 CanLIIDocs 4052 Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/sclr Part of the Law Commons This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Sossin, Lorne. "Constitutional Cases 2017: An Overview." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 88. (2019). https://digitalcommons.osgoode.yorku.ca/sclr/vol88/iss1/1 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. 2019 CanLIIDocs 4052 Part I Introduction 1 2019 CanLIIDocs 4052 Constitutional Cases 2017: An Overview Lorne Sossin* 2019 CanLIIDocs 4052 This contribution reviews the Constitutional Cases issued by the Supreme Court in 2017. The analysis is divided into two parts. In the first part, I analyze the year as a whole, identifying noteworthy trends. In the second part, I explore some specific constitutional decisions of the Court — especially those concerning issues which in my view have important implications for the future of the Court and its constitutional jurisprudence. I. 2017: A YEAR IN REVIEW 2017 might best be described as a year in transition for the Supreme Court of Canada. This year represented Chief Justice McLachlin’s last on the Court (though cases on which she participated continued to be released through June 2018). -
SCAI Annual Report 2014-2015
2014-2015 ANNUAL REPORT National Advisory Committee In 2014-2015, the Supreme Court Advocacy Institute completed its eighth year The Honourable Frank Iacobucci, of service, during which it continued to provide counsel appearing for argument C.C., Q.C., Chairperson before the Supreme Court of Canada with rigorous practice sessions. The The Honourable Gérald V. La Forest, C.C., Q.C., Honorary Institute’s advocacy program aims to increase the effectiveness and quality of Chairperson advocacy before the Court by simulating for counsel the experience of oral The Honourable Peter Cory, C.C., argument before the highest court. A panel of seasoned Supreme Court C.D. Q.C., Honorary Chairperson advocates listens to counsel’s argument and offers candid and constructive The Honourable John C. Major, C.C., Q.C., Honorary Chairperson feedback to help maximize counsel’s opportunity to present informative and effective oral submissions. The Honourable Michel Bastarache, C.C., Honorary Chairperson The Honourable Louise Charron, During the past year, the Institute provided free, non-partisan advocacy sessions C.C., Honorary Chairperson in approximately 49% of cases before the Court, including in 74% of appeals The Honourable Ian Binnie, C.C., from Quebec, 61% from Ontario, and 27% from British Columbia. Counsel from Q.C., Honorary Chairperson both government and private practice used the Institute’s advocacy program in a The Honourable Marie Deschamps, C.C., Honorary Chairperson wide range of civil and criminal appeals. They included both seasoned advocates and first-time counsel before the Court. The Honourable Morris J. Fish, Q.C., Honorary Chairperson The Honourable Louis LeBel, Sixty-six (66) lawyers donated their time as advocacy advisors for their Honorary Chairperson colleagues, offering advice based on their own experience before the Court. -
The Tenth Justice
THE TENTH JUSTICE Judicial Appointments, Marc Nadon, and the Supreme Court Act Reference Carissima Mathen and Michael Plaxton Landmark Cases in Canadian Law Since Confederation, Canada’s highest court – first the Judicial Committee of the Privy Council in England and then the Supreme Court of Canada – has issued a series of often contentious decisions that have fundamentally shaped the nation. Both cheered and jeered, these judgments have impacted every aspect of Canadian society, setting legal precedents and provoking social change. The issues in the judgments range from Aboriginal title, gender equality, and freedom of expression to Quebec secession and intellectual property. This series offers com- prehensive, book-length examinations of high court cases that have had a major impact on Canadian law, politics, and society. Other books in the series are: Flawed Precedent: TheSt. Catherine’s Case and Aboriginal Title by Kent McNeil Privacy in Peril: Hunter v Southam and the Drift from Reasonable Search Protections by Richard Jochelson and David Ireland From Wardship to Rights: TheGuerin Case and Aboriginal Law by Jim Reynolds For a list of other titles, see www.ubcpress.ca/landmark-cases-in-canadian-law. LANDMARK CASES IN CANADIAN LAW Contents Acknowledgments vii Introduction 3 1 What’s So Bad about Marc Nadon? 9 2 The Prime Minister’s Prerogative 22 3 Memos 38 4 Asking and Telling 69 5 The Legal Showdown 84 6 The Opinion and Its Critics 106 7 The Aftermath 124 8 Judicial Appointments Law 140 9 A Court Frozen in Amber 156 Conclusion 179 -
Reports to Council St. John's, NL 15-17 August 2014
REPORTS TO COUNCIL CBA Legal Conference St. John’s, NL August 15 – 17, 2014 Reports to Council St. John’s, NL 15-17 August 2014 Reports to Council August 2014 Report of the President ................................................................................. 1 Branch Presidents’ Reports ......................................................................... 2 ALBERTA ...................................................................................................................... 3 BRITISH COLUMBIA ................................................................................................... 4 MANITOBA ................................................................................................................... 5 NEW BRUNSWICK ...................................................................................................... 7 NEWFOUNDLAND AND LABRADOR ...................................................................... 8 NORTHWEST TERRITORIES ................................................................................... 10 NOVA SCOTIA............................................................................................................ 11 NUNAVUT ................................................................................................................... 14 ONTARIO..................................................................................................................... 15 PRINCE EDWARD ISLAND ...................................................................................... 16